The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1887-05-26
INTERSTATE LAW.
Chairman Cooley Defining Powers
OF the Commission
Upon Applications OF Railroads for the sus-
pension OF the Long aud short. Haul
Clause OF tho Interstate
Commercs 1iili.

CHAIRMAN cooLEr's LETTER.
WAsnlSoToN, May l9.-Tho following I'M.
portant letter, defining the powers OF the
Interstate commerce commission In certain
cases, was sent out by Chairman Cooley
yesterday;
WASHINGTON, NAV is 1877.
J. H. Hanloy, Traiiic Manager Minneapolis &
northwestern Railway Company,
DEAh Sin--The commission 10 in receipt Of
tcleErnm from you, by which you urge the
prompt making Of an order for relief upon tho
application heretofore illed for the suspension
ot the long and short-haul clause, IN 70 far as
u Affects, at certain points. the business OF the
roha under your charge. You state, and no
doubt believe, that the interests OF the road are
being very seriously injured BY the enforcement
II relief could be given YOU, without a stretch
OF authority, and without AZ the same time
causing mischief 20 other interests, the com
mission would take great pleasure In granting
easy and simple does not seem 10 is members
10 Do 80 and however anxious they are that
your interests should not continue 20 suffer they
are constrained 30 hold the application ander
hdfisement htill longer. Perhaps the delay en-
tiues you 10 some further statement OF reasons
than has hitherto been given, and though these
cannot be gone into at length, II ik hoped that
briet summary will be sufficient 10 satisfy you
that the commission docs not act arbitrarily aud
would not willingly suffer mischief 10 continue
" remedy both lawfully and safe, could be
found within its power Tho fourth section OF
the "act 20 regulate commerce as We all very
wei understand was intended 10 establish the
general law that more should not be charged
Tor transportation for the shorter than for the
longer haul over the same line In the same
direction under circumstances and conditions
substantially similar
Railroad companies, including your own. had
before its passage, been accustomed in many
case. 70 charge more for the shortcrhanl, iudg.
ing for themselves whether tho circumstances
and conditions authorized or required a. Con.
gross, IN passing the act. decided that the rule
should thereafter preclude this greater charge,
and In 80 doing II must be understood 10 have
dental injuries that might flow from the inforcc-
nent OF the general rule would 70 more than
couninrbalaneed by resulting benefits.
whatever opinion any member Of tho commis-
sion may have OF the correctness OF this deter
minaiion, Il IL Of no moment now, for tho com
mission "A as much bound by IL as are the car.
riert of persons and property, and any question.
Ing OF ~ by any member would be an impcrii1
nencc. The commission, OF course, does not ex.
peci 10 question H. but iiforcc IL 10 far as Il
may fall within its duty 70 do 20. The act, new,
ertheless, contemplates that there may be eases
IN which the public interest VIII be subserved
hy suspending the general rule 80 far as 20 cx-
cept such casea from its operation. The com
mission Will not at this time, enter upon q
critical examination OF provisions which was
made for such suspension, but II may be useful
70 call your attention 70 q few considerations
which arr obvious on the face Of the Law.
J. II u obvious that the cascs the law contem.
plates, In which tho commission Is authorized 10
make orders tor suspension are eJoSpfi0Haf
eases, that is 10 say. cases where facts make
them stand apart from tho ordinary case. Tho
act does not define them; II does not state
grounds that shall warrant relief but II plainly
intends that those grounds In every case shall
be special and peculiar, and that where only
general reasons operate, the general law shall
be left TO its general course, however serious
may be the consequences IN particular cases
and 20 particular roads and Interests.
2, II i also made plain by tho act that any
order for suspension was intended TO be based
upon an Investigation, which would satisfy the
commission that the case was In fact exception
al and fairly within the intent OF the provision
made for the relief. Tho jurisdiction OF the
TO make orders was evidently meant
70 be somewhat closely restricted. The com
mission. In its correspondence, IN overy day
made aware Of the prevalence, In some quar-
tiers, Of y vague notion that power has been con
fcrred upon II To interfere anywhere, and for
any reason satisfactory 10 itself In order 10 pre-
vent what II may think Is likely 10 be- harmful
but yon, Of course, indulge no such baseless no
tion. The commission, "a you will agree, must
md lis authority IN the law and not In ia own
ideas Of right or policy.
s. II must be assumed that Congress intended
the general law, In is main feature Mt least, TO
be permanent law for the country. II must,
have contemplated that considerable
sacrinces would necessarily be submitted 10 by
some parties and some interests which the gen.
that II would be quite impossible 10 Introduce
considerable changes In branch OF the law
which concerns so intimately the commerce Of
the country without serious consequences 70
some private interests In oil such cases the
Incidental injuries, however great they may be-
are necessarily borne for the general good, and
n the Legislature misiudges rs 70 what the gen
crAl good demands, ~ Is 20 be expected that in
due time II will provide the remedy.
The first questions 70 confront the commits.
sion upon It's organization were raised under the
fourth section OF the act Cases IN which com.
panies were charged moro for the shorter hauls
Than for the longer-haul over tho same line In
the same direction, were 10 be met with In all
parts OF the country. The reasons for doing
this were thought by the managers, In many
rases, 10 be absolutely imperative, and TO CON
the interest OF the public quite as much
ns that OF tho roads themselves. The interests
which were involved IN the continuance OF the
custom were very great, and anticipation OF Sc
rious injury from any sudden change was in
some quarters, quite general. The commission.
therefore, had very earnest appeals made TO II
In support OF the corporate applications for re-
lief, from boards OF trade and other public or
bodies, and from representatives OF
large business interests which feared, or pro-
fcssed 10 fear. destruction or bankruptcy In
many cases the appeals seemed % be made in
the belief that the probability OF injury was OF
Itself n sufficient warrant for the commission 10
Interfere and grant relieving order
It's scarcely necessary 10 say 10 you that any
such help is without legal support. Tho prob
ability, or even the certainty, that injury TO cor
porations or individuals viii result is not by
Itself under the act any ground for n suspcn.
sion any where OF its ordinary opinions. IL
could not, In fact, be mnde ground for relief
without giving the commission, such general
dispensing power Ms would not be consistent
with sound principles ofgoyernment. Congress
hns not intmAted purpose 10 give such
power. II the law in Its general operation were
10 prove generally and equally mischicvous In
ail directions, the commission Instead OF having
The greater power for that reason would, on the
other hand, have no power OF suspension what
ever for the simple and plain reason that there
would then be no exceptional cases for IL 10 act
lpon and therefore no cases referred by the act
10 its Judgment, But uniform effects were, OF
course, as far from being possible as they were
from being contemplated. There must aud will
be-, exceptional cases. In the absence OF any
specification OF these, In the act itself, the com
mission was obliged 10 dcterminanas best II
might, what case was probably IN the mind OF
Congress- when the exceptional RELIEF was pro-
yidcd for. II also found Itself confronted with
the question whether In any particular case the
and conditions were so far diner-
crent as 10 justify the greater charge for tho
or whether, on tho otner hnnd II
was only upon and IN view OF such different cir
cumstances and conditions that the commission
was empowered 10 act.
Upon these subjects the debate in Congress
might be expected TO throw some light but the
felt itself justified II not compelled
10 look beyond the record, and 10 seek such aid
in construction as might be derived from
study OF the condition OF things pertaining TO
the transportation OF persons and property
which Congress had by the act, undertaken 10
deal with
The suspension authorized by the act was TO
be ordered after investigation. This was plain
ly determined by the uct itself. II the order
was TO have any fnality, II would be proper that
the investigations should Afford opportunity for
a hearing 10 parties who opposed, as well as 70
those who favored the application. This would
require considerable time In every case, and
had the commission made no order except upon
tions now on its file would, up 70 'his time, have
remained not acted upon
II the applications were taken up in their or
dar YOURS would have been among those not
Vel reached. This fact Is mentioned as showing
that the giving OF temporary relief IN some
other cases has not placed yours In any worse
nosifion than Ii would necessarily have occu-
pied il the temporary orders had not been
made The commission, however, deemed "
wise 70 grant contemporary orders on an IN
not as complete as u expected
nnally 10 make. This wne done N the oenei
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